Received 6 years statements in 2 lots.... they send approx 3 years to start with, then the balance.

Sent first letter..... claim approx £1400 including interest

let's hope they are quick

Good Luck!

Hope and Quick are not in the dictionary of RBS i am afraid, but good luck and keep us posted.

just had first letter back (6th June)from Sandy Watt, saying they will respond within 6 to 7 weeks. I will send out next letter (LBA) on 19th June... giving them 2 weeks before mcol

You are right on the ball. keep us posted. Good luck.

The 14 days is up from the first letter

so am just about to send lba letter

ONE SMALL PROBLEM....... my first letter refered to a claim of approx £1400 including interest (not the 8% interest)

if I go back slightly further .... feb/march 2001.... the claim will increase by approx £225..... That would then include all charges since the account was opened. Should I try for more money and run the slight risk of a challenge to charges more than 6 years ago.

I favour going for the higher amount. It would be good practice for future claims going back to 1985!!!!

I sent my lba in today, giving them 14 days to pay up.

I increased the charges to approx £1600

slightly past the 6 year period; but only just

In 2 weeks time, will issue the mcol claim

2 weeks after the lba, I have filed claim on MCOL for £1000 plus £1200 compounded interest. I have heard nothing from RBoS since the first acknowledgement one month ago. We should see some action now.

Do I need to send to RBoS my spreadsheet calculations so they know where the figures have come from?

RBoS have acknowledged the claim

Cobbetts Manchester..... intend to defend all of claim

they have until 24th August to submit a defence

As it is a business claim, I shouldn't get stayed etc

but i am sure that they will try it

Got Cobbetts defence and request for further information....

Defence

POC does not disclose reasonable grounds

some greater than 6 years (about 25% of charges are greater than 6 years)..... but limitations act/concealment

a quibble about details of account (nonsense... it is a live current business account)

all my details are on my spreadsheet

prove they are penalties and prove breach of contract

they are not penalties and Cobbetts cannot plead until shown that they are

signed Lynsey Robinson

Request for further information

CPR rule 27.2 (3)

CPR Part 18 by August 20th

if not will apply claim struck out

ask for details of all claims...... (but it is all on the spreadsheet)

lots of legal indecipherable gibberish in 17th century English..... are these people trapped in some East India Company argument to Walpole about tea plantation ownership. They must think incomprehensible bull**** sounds good.

Unfortunately, it sounds as though you've received one of Cobbetts' rather tedious and laborious templates. They call it the defence as opposed to a template though!

You don't have to respond in full to their CPR par 18 request for further information unless the court orders you to do so. So in the meantime, click on the link for 'Nat West Claimant' in my signature and scroll down to the CPR 18 info. There's a link to a short letter to send to them in response - attach a copy of your schedule of charges to it (copy of both to your local court for info).

Thanks for your help Hedgey

I sent the letter off to RBS re CPR 18 request etc 2 days ago

This morning received Notice of transfer of Proceedings from Northampton, transfering to my local court (good news)..... The order says.....

1) AQ is dispensed with... unless the district judge wants one

2) Any party may apply for set aside, varied or stayed under rule 3.3 (5)

must apply under Rule 23.3 within 14 days

The court enclosed the defence and request for further information from cobbetts.

I will send copy of my reply to CPR part18 to my local court

Do I need to head off a possible application for stay..... it is a business claim

Send the CPR part 18 response to Cobbetts primarily with a copy of your schedule of charges (copy to your local county court to add to your file once the claim is transferred).

The OFT test case is substantially concerned with the application of UTCCRs which is not applicable to business claims. So hopefully, a stay shouldn't be applied for by Cobbetts.

Just got letter from Cobbetts/RBS, saying they have applied for a stay on my business claim. It has got past MCOL and been allocated to my local court. The judge at Nothampton says in the Order that "any party may apply inder rule 3.3(5) to have it set aside. such a party must apply under rule 23.3 within 14 days ie by 24th August. That is just what Cobbetts have done... evn though it is a business claim

Got letter from Cobbetts re my RBoS business claim

They have WITHDRAWN THEIR REQUEST FOR IT TO BE STAYED!!!!!

they say that they now see it is a business claim and the OFT test case is not relevant to it.

That's good news! Second one this week

Just out of interest (and possibly to be on the safe side) could I ask what type of account you have and ask you to post up the exact wording of the PoC that you used when you filed your claim at court please? (you could send me a PM with the information on it if you're not comfortable posting it up on the open forum)

I've put MCOL POC and cobblers letter on the business thread

I will repeat here if required

the account is a partnership/(NOT ltd) business current account

No problem - I've just read the post that you made on the business thread! As you filed via MCOL, your PoC is quite vague and it could be worthwhile amending your claim, particularly as it's a business claim.

Have a look at the response that I gave to Barneybubble earlier http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/102725-barneybubble-rbos-2-12430-a.html#post1117797 for further advice on how to do this.

Also, do you have relevant account T&C's?

MY BUSINESS RBS STAY HAS BEEN LIFTED !!!!!

My local court has set prelim hearing for 3rd Jan..... to see if issues can be narrowed ???? and for court to give directions as to filing of stratements, fix length of hearing and choose track

That's great news - well done!

Did you ever get round to doing a new PoC?

Hedgey I have done nothing since OFT

All my claims are waiting ready to restart. I got my MCOL fees back for a business Lloyds claim and a business NatWest claim

I will get going again this week and will need to put in strong claims to court etc

thanks

I have received a letter from Cobblers...

ref schedule of charges..."you are claiming £1,500 in interest...under section 69 of county court act... you can only claim 8%...provide a revised schedule....." (paraphrased)

I claimed exactly the same compound rate that they charged me... in other words... the exact interest that they have charged me to date on the penalty charges..

In fact they are sveral months old now, so I need to bring up to date

The period is all well within 6 years

Any suggestions on my response...... at least they are showing some activity

CORRECTION........ some of my claim is greater than 6 years

Hedgey ........as I am going to court do I still need to change my POC.... or is this superceded by documents presented at court

If I need to strengthen my claim, how do I do this without going back to the beginning

Big thanks for your help

I have received a letter from Cobblers...

 

ref schedule of charges..."you are claiming £1,500 in interest...under section 69 of county court act... you can only claim 8%...provide a revised schedule....." (paraphrased)

 

I claimed exactly the same compound rate that they charged me... in other words... the exact interest that they have charged me to date on the penalty charges..

 

In fact they are sveral months old now, so I need to bring up to date

 

The period is all well within 6 years

 

Any suggestions on my response...... at least they are showing some activity

Personally, I'd be inclined to amend your schedule of charges to include the 8% s69 interest only. Did you use one of the CAG interest spreadsheets for your original schedule? If not, I'd advise downloading one of the simple versions as they'll calculate the 8% interest on your charges. If only some of the charges are older than 6 years you needn't worry too much - keep them on the schedule as you can include info about statute of limitations in your court bundle.

CORRECTION........ some of my claim is greater than 6 years

 

Hedgey ........as I am going to court do I still need to change my POC.... or is this superceded by documents presented at court

 

If I need to strengthen my claim, how do I do this without going back to the beginning. Big thanks for your help

You could, in theory, leave your PoC as it is at the moment and see what happens when you get before the DJ. They may request an amended PoC anyway. However, as your original PoC was quite vague (a common problem when filing via MCOL unfortunately) it may be worth amending it before the hearing date. You still have enough time to do this - but if you choose to amend it contact the court office in the morning and explain that you'd like to amend it. They'll be able to advise whether the court date set for the 3rd Jan will need to be postponed to a later date (e.g., the claim will have to be re-served, etc).

Can you post up a link to your PoC so that I can have another look at it please? I can't remember whereabouts on the business claim thread it was!

my RBS MCOL POC........... it really is brief isn't it !!!!!!!!!!!

The claimant has held a current account with the defendant, conducted on their

Standard terms and conditions since January 2000, The defendant from

February 2001 to present day has applied charges to the claimant account,

totaling £1020. The bank's charges are a disproportionate penalty and therefore unenforceable. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic v New Garage [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963. The claimant has repeatedly asked the bank to refund their charges or offer proof that they are true pre-estimate. They have declined to do so.

The claimant claims £1,020 plus £1421.68 interest, being the sum unlawfully debited